Bell v. Western & Atlantic Railroad
Supreme Court of Georgia
• Negligence; Railroads. Non-suit. Master and Servant. Before Judge Fain.' Whitfield Superior Court. October Term, 1882. Bell brought an action for damages against the Western and Atlantic Railroad.
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• Negligence; Railroads. Non-suit. Master and Servant. Before Judge Fain.' Whitfield Superior Court. October Term, 1882. Bell brought an action for damages against the Western and Atlantic Railroad. Oh - the trial, he testified as follows: Sometime in September, 1881, while he was in the employment of defendant’ at Tunnel Hill, in Whitfield county, he was ordered by one Wade to help run the crank or hand-car, which had the previous evening been brought to Tunnel Hill by some of the. railroad hands, to some point up the road, or to Chattanooga, Tenn. This was. in the morning about seven…
1Opinion of the Court
Jackson, Chief Justice.
1. The question made is, was the non-suit properly awarded? And that depends on this other question, did the plaintiff make out a prima facie case entitling him to recover ? If he did not, a non-suit was legally awarded, although the question was one of negligence. Gassaway vs. The Georgia Southern Railroad, 69 Ga., 347.
2. Did he make out a prima facie case for recovery ? If in the case made by his own testimony he showed himself in fault, he did not make out a prima facie case. He showed himself in fault, if he knew of the dangerous character of the tool he used. Baker…
2Cases cited3 opinions
- Baker v. Western & Atlantic RailroadSupreme Court of Georgia · 1882
- Johnson v. Western & Atlantic RailroadSupreme Court of Georgia · 1875
- Gassaway v. Georgia Southern RailroadSupreme Court of Georgia · 1882
3Cited by10 opinions
- Duval v. HuntSupreme Court of Florida · 1894
- Kean v. Detroit Copper & Brass Rolling MillsMichigan Supreme Court · 1887
- Smith v. Central Railroad & Banking Co.Supreme Court of Georgia · 1889
- McDonnell v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- Atlantic Coast Line Railroad v. RylandSupreme Court of Florida · 1905
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